Court Notices published in Govt. Gazette No. 19,935 of 16 January 2018

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61

By a decree of the Small Claims Tribunal of the 31st October, 2017, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of Triq Fra Diego, Marsa MRS 1501, filed a Claim on the 15th September, 2017, whereby they asked the Tribunal to condemn Joe Saviour Emanuel Farrugia (ID 206487M) of Rodrick, Flat 1A, Triq in-Nigret, Żurrieq, to pay the plaintiff company the sum of €1049.87, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim Number 442/17PM) is deferred on the 5th February, 2018, at 12.30 p.m.

By a decree of the Small Claims Tribunal of the 5th September 2017, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

Go plc (C 22334) of Triq Fra Diego, Marsa MRS 1501, filed a Claim on the 31st August, 2017, whereby they asked the Tribunal to condemn Annabel Jean Collins (ID 67751A) of Cheri, Triq il-Mitħna l-Ġdida, Mellieħa, to pay the plaintiff company the sum of €879.71, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim Number 402/17CZ) is deferred on the 29th January, 2018, at 12.15 p.m.

By means of an Application filed in the Civil Court of Voluntary Jurisdiction Section, on the 3rd October, 2017, Application Number 1246/2017, by Notary Joseph Abela whereby he prayed that it be declared open in favour of Veronique Jolanda Buekers, wife of the decujus, and this in the quota of one half (1/2) undivided share and the remaining one half (1/2) undivided share in favour of Zane Peeters, Kay Peeters and Jolie Gina Peeters children of the decujus in equal shares between them the Succession of David Frans Luc Peeters, son of the late Jean Pierre Peeters and Valentine Dethier, born in Hasselt, Belgium, resided in Portomaso, St Julians, and died in Zhangjiagang City in China on the 31st July, 2017, aged 49, holding identity card number 127265A.

Wherefore, any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Registry of the Civil Court, Voluntary Jurisdiction Section

Today 11th January, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

64

DKR 10/2018 – New Freezing Order

It is being notified that by a decree dated 10th January, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Inquiry (Magistrate Dr Donatella Frendo Dimech, LLD) Compilation number 475/2017 in the case:

The Police

(Inspector Rennie Stivala)

Versus

Edward Caruana, 57 years, Public Official, son of the late Paul and Saverina née Farrugia, born in Rabat Malta on the 1st May, 1960, residing at number 109, Triq il-Kulleġġ, Rabat, Malta, and holder of Maltese identity card bearing number 308560M.

Ordered the attachment in the hands of third parties in general all monies and other movable property due or pertaining or belonging to Edward Caruana and prohibits the said accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property and this according Section 23A (2) of the Criminal Code, Cap. 9 of the Laws of Malta.

The Court Authorised the accused Edward Caruana to receive the amount authorized by law which is thirteen thousand, nine hundred and seventy-six euro and twenty-four cents (€13,976.24) on an annual basis provided that every financial entity is ordered to present a note by which it informs the Court in which account or from which account these monies are taken or the accused themselves may indicate to the Court from which account they are perceiving the money indicated.

Any person who acts in contravention of the court order mentioned in Section 23A referred to above shall be guilty of an offence and shall on conviction be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87), or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.

Any transfer or other disposal of any immovable property made in contravention of the said Court order shall be null and without effect at law.

Today, 11th January, 2018

Registry of the Courts of Criminal Judicature (Malta)

DR JOHN SEYCHELL NAVARRO

DIP. HLTH.SCIENCE, DIP. MGMT STUD, DIP.NOT. PUB., LLB, LLD

Assistant Registrar, Criminal Courts and Criminal Tribunals

65

By a decree of the 2nd August, 2017, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Articles 187 (3) and 338(1) of the Code of Organization and Civil Procedure (Cap. 12)

That by application and a Schedule of set-off filed contemporaneously by J. Zammit Limited (C 37945) on the 23rd November, 2017, the approval of the said judicial acts is being demanded for the amount of €10 following judicial sale by auction 15/17 in the names J. Zammit Limited (C37945) vs Giovanni Palmeri (ID73453A) held under the Authority of the said Court on the 22nd November, 2017.

According to Article 338 (2) of Cap. 12: Any person who may have an interest and the persons so served shall be allowed the time of twenty days to file an answer stating in detail the reasons for their opposition and the amounts in contestation; and where such opposition is based on a claim against the proceeds of sale an alleged cause of preference, they are to state the amount of such claim and the basis for the preference. Such persons shall with the answer file all relevant evidence to substantiate their opposition.

Registry of the Superior Courts, this Thursday, 11th January, 2018

MARVIC FARRUGIA

For the Registrar, Civil Courts and Tribunals

66

By a decree given on the 15th December, 2017, by the Civil Court, First Hall, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Article 187 (3) of the Code of Organization and Civil Procedure (Cap. 12).

By the application filed in the Civil Court, First Hall, on the 27th October, 2017, by Dr Stefan Balzan noe, file 40/17 in the names Olimzhan Irismetov vs Oleg Anatolyevich Skylarov (ID 120107 L) u Dolores Skylarov (ID 191063M) is being asked that the Court orders the Sale by Auction of the:

Tenement named ‘Capri’, Apartment number two (2), in Triq Moroni, Gżira

It is hereby notified that by an application filed in the Court of Magistrates (Gozo) Voluntary Jurisdiction on the 20th of October, 2017 (Application Number 80/2017JVC) Angelo Muscat pro et noe et, requested the opening of the Succession of Charlie Muscat, son of Joseph Muscat and Karmena née Muscat, born in Gozo and who used to reside in Normanton, Queensland, Australia; died in Normanton, Queensland, Australia on the 17th April 2009 intestate, and which opening of succession is to be made as to one fifth (1/5) undivided share in favour of each of the siblings of the decuius, that is, Michael Muscat, Paul Muscat, Emanuel Muscat, Rita wife of Joseph Muscat and Joseph Muscat or where is the case their successors, children of Joseph Muscat and Karmena née Muscat

Wherefore, any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns.

Registry of the Court of Magistrates (Gozo), Voluntary Jurisdiction

This 11th January, 2018

DORIANNE CORDINA

For the Registrar, Gozo Courts and Tribunals

68

Notice is hereby given that by a decree of the Court of Appeal, entered on the 17th day of May, 2016, in the records of the Sworn Application in the names Claire spouse of Nazzareno Zammit vs Carmelo Grech, Sworn Application Number 437/2005 AF, it was ordered that service upon Claire spouse of Nazzareno Zammit be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application of Appeal filed in the Court of Appeal, in the names Claire spouse of Nazzareno Zammit vs Carmelo Grech on the 7th day of March, 2016, Carmelo Grech (ID 62650M) respectfully submitted:

That the plaintiff appellee filed a writ of summons in the First Hall of the Civil Court on the 9th day of May, 2005, which includes the claims listed in the abovementioned Application of Appeal.

That the appellant defendant filed his pleas on the 19th day of August, 2005, which pleas are quoted in the abovementioned Application of Appeal.

That by a judgment entered on the 23rd day of February, 2016, the First Hall of the Civil Court upheld the first and second claims of the plaintiff while upholding the second plea of the defendant and therefore rejecting the third and fourth claims of the plaintiff, with all the expenses to be paid equally between the parties.

That the applicant felt aggrieved by this decision and is therefore filing this humble appeal, limitedly for that part of the appealed judgment where the Honourable Court of First Instance upheld the first and second claims of the plaintiff.

That the grievances are clear and manifest and consist of the following:

1. Lack of proper evaluation of evidence. That the First Hall of the Civil Court failed to make a proper evaluation of the evidence submitted by the defendant … omissis …

That the facts of the case are briefly given in the abovementioned Application of Appeal … omissis … the crux of the dispute relevant for the case de quo therefore deals with whether at some point the parties agreed or not that changes had to be made in the original plan on the basis of which the premises in Triq l-Eremit Mosta had to be constructed given that such changes were made by agreement on a contract and plan signed on the 11th day of November, 2002.

That abovementioned Application of Appeal elaborates on the evidence that there was an agreement … omissis … That it is therefore clear that if one carefully goes through the evidence produced by the parties, one can only come to the conclusion that, at least on a balance of probabilities, the plaintiff appellee had in fact agreed with the defendant appellant to alter the plan on the basis of which the building in Triq l-Eremita had to be constructed. That therefore, contrary to what was held by the First Court, it is more likely that the agreement between the parties existed and in fact the defendant appellant complied with that agreement, but the same plaintiff appellee chose not to honour the agreement, and this for reasons known only to her.

2. Consideration on points of law. That the abovementioned Application of Appeal also elaborates on the consent … omissis … the applicant makes reference to the doctrine … omissis … the so-called teoria della volonta … omissis … that since no evidence was submitted that shows that the plaintiff’s consent was vitiatied, then the Honourable Court was mistaken to release the plaintiff from her obligation … omissis … that in view of the different legal points given in the abovementioned Application of Appeal, the applicant considers that the Court of First Instance did wrong when it rejected altogether the fact that between the parties there actually was a valid legal obligation, binding and enforcable, this that it pronunced a judgement by which it freed the defendants appellees from the same obligation at the expense of the interests of the applicant.

That without prejudice to the foregoing, it is also submitted that the judgment of the Honourable Court of First Instance should also be reviewed since it failed to take cognizance of the fact that when the parties signed the plan of the 11th day of November, 2002, they actually had the animus novandi through which they replaced the original agreement - or rather that the builidng be made according to the plan of the 18th day of March, 1999 - with the agreement reached on the 11th day of November, 2002 … omissis … that the abovementioned Application of Appeal elaborates further on novation … omissis … In other words the second plan agreed between the parties necessarily excluded the first plan and therefore there is no doubt that with what the parties did they committed novation of the agreement that there was between them … omissis …

That the abovementioned Application of Appeal also deals with the absence of a demand and declaration of nullity. That without prejudice to the foregoing, it is respectfully submitted that the judgement appealed from must also be repealed and substituted since that the Court of First Instance could never rely on the agreement and plan of 1999 without first declaring that the agreement and plan of 2002 were null and void … omissis … thus, it is submitted that the judgment of the Honourable Court of First Instance as deduced is legally defective and should therefore be substituted.

The same Application of Appeal then deals with the order to remove the edging … omissis … without prejudice to the above-cited the applicant respectfully submits that this order should have never been given by the Honourable Court of First Instance since it does not result to have been sought by the appellee plaintiff in her claims … omissis … thus, the applicant humbly submits that the de minimis character of the edging made on the front balconies do not justify the extreme order of removal ordered by the Honourable Court of First Instance … omissis …

Finally, the abovementioned Application of Appeal deals with the Order to put back the balconies to their former state … omissis … without prejudice to the above, it is submitted that the order of the Honourable Court of First Instance to restore the balconies back to the width of three feet is one that cannot be honoured without the appellant applicant suffering damage and disproportionate prejudice to his property … omissis …

That therefore, in view of the above, the appellant humbly asks this Honourable Court, while making reference to all the evidence already submitted before the First Hall of the Civil Court and while reserving the right to bring all the proof permitted by law, to:

Vary the judgment of the First Hall of the Civil Court entered on the 23rd day of February, 2016, in the above-cited names provided that it, (i) confirms that part of the judgment which upheld the second plea of the defendant and dismissed the third and fourth claims of the plaintiff; (ii) reforms that part of the judgment which upheld the first and second claims of the plaintiff by rejecting the same and instead proceed to uphold the pleas of the defendant in their entirety; (iii) alternatively, in subsidium and without prejudice to the foregoing demands, reform the judgment by revoking the order of removal and reversal of the balconies built by the applicant and instead give a more just and equitable remedy in all the circumstances of the case.

By a decree of the 8th January, 2018, given by the First Hall Civil Court, the Court ordered that the extract hereunder mentioned be published for the purpose of service according to Articles 187 (3) of the Code of Organization and Civil Procedure (Cap. 12)

That by an application filed by Josef Caruana (ID 455779M) on the 18th December, 2017, the Commissioner of VAT requested the sale of ‘‘a divided plot of land in the district of Tal-Ħandaq, limits of Qormi, measuring superficially 410 m2, bounded on the North East by Ħandaq Road, on the North West by a property belonging to Easysell Properties Limited, and from the South with plot number 5E’’

Consequently, as described in the architect’s valuation and the related procedures to the judicial sale the property was released in favour of the applicants.

But recently the architect appointed by this Honourable Court filed a note in order to correct the same report presented by himself in the same Acts of the Judicial Sale, where he noted that the property above mentioned had a superficial area of circa 710m2 not 410m2 as was indicated in the same report.

The applicant is requesting this Honourable Court, referring to the abovementioned and according to the declarations and/or necessary orders to order the correction of the judicial sale application on the related and subsequent acts and that the property is correctly indicated as plot numru 6E bordered from North East by Handaq Road and from South West by a property of Easysell Properties Limited and from the South by plot number 5E with an area of 710m2 instead of 410m2.

The Court,

Has seen the application,

Orders a notification to the interested parties with a right of reply in ten days.

Registry of the Superior Courts, this Thursday, 11th January, 2018

RUDOLPH MARMARÀ

For the Registrar of Civil Courts and Tribunals

70

Notice, Registry of the Civil Court, First Hall

Whereas Aidan Lungaro-Mifsud (ID 0551878M) filed an application under oath (No. 20/2018/LSO) demanding Correction in the Acts of Birth Nos 355/2012 and 5421/2013 in the Public Registry,

Whosoever may have an interest therein, and wishes to oppose that demand, is hereby called upon to do so, by means of a note to be filed in the Registry of these Courts, within fifteen days from the day of the publication of this present notice in the Government Gazette.

Those who, within the aforesaid time, shall have filed such note, shall be notified by the service of a copy of the said application under oath, of the day which will be appointed for the hearing of the case.

By order of the Court

Registry of the Superior Court,

Today 11th January, 2018

JOSETTE DEMICOLI

For Registrar, Civil Courts and Tribunals

71

By means of two decrees one of the 14th December, 2017, and the other of the 3rd January, 2018, the Court of Magistrates (Malta) ordered the publication of the following extract for the purpose of effecting service on Daniel Debattista in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application filed on the 8th August, 2017, in the records of the garnishee order number 978/17 Notice Number 217/17CFF in the names Daniel Debattista (ID 531784M) exercising trade in the name of D-Project Finishers vs John Zammit (ID 225675M) and Graziella Galea Pirotta (ID 434678M), where John Zammit and Graziella Galea Pirotta submitted with respect and John Zammit confirmed on oath:

That by means of a decree given by this Honourable Court on the 30th May, 2017, the issue of the precautionary garnishee order was ordered upon a request of Daniel Debattista exercising trade in the name of D-Project Finishers against the applicants for the amount of €12,252.41;

The applicants have enough assets to make good for the request of the creditor and so there is a sufficient guarantee in terms of Article 836(1)(c) and/or (e) and consequently (f) and because there is sufficient security, the said warrant is not justified;

It results that the debtors have enough assets to make good the claim in the event of a successful outcome in favour of the creditor;

That in particular, John Zammit is the owner of the premises, that is garage, not officially indicated with number 5, Sqaq Santa Domenica, Ħaż-Żabbar, confining from the North with the Alley, from the West with property of siblings Abela and from the South with proprety of Angela Santillo (see legal copy of the relative deed of sale here attached and marked as Doc. A);

That recently this property was valued by Architect Mario Cassar where it was declared that the value of the said property is that of €26,000 (see sworn report here attached and marked as Doc. B). It clearly results that the value of the said property is much higher than the amount that the creditor is requesting and in fact is more than double the requested amount;

That the premises above mentioned is free and unencumbered, and not subject to any burden save for the annual and perpetual ground rent of €20.96 burdened with any privileges or hypothecary debts as clearly results from the official searches here attached and marked Doc. C. From the aforementioned searches, it results in fact that the applicant Zammit acquired the said premises on the 19th November, 2014, and that such premises have not been burdened except with the ground rent aforementioned;

That from the official searches it results also that the property in question is not subject to any promise of sale;

In addition, the garage is not subject to any lease or concession in favour of third parties;

The contents of this application are being confirmed under oath by the applicant John Zammit;

Accordingly, given that (i) it is proven that the applicant Zammit is the owner of the property above mentioned; (ii) it is proven that the value of the property above mentioned is more than the creditor is asking for and (iii) it is proven that from the official searches the said property is not burdened with any privilege, hypothecary debt or other rights in favour of third parties, the said property should constitute sufficient security for the claim of the creditor both in terms of Articel 836(1)(c) and alo in terms of Article 836(1)(e);

The applicant Zammit is prepared to commit not to transfer the property, and to give any other security which this Court may deem adequate;

In the circumstances, given that there is sufficient security to make good for the claim of the creditor, it is unreasonable for the warrant to remain in force;

Thus, the applicant submits with respect on the basis of article 836(1)(c) and/or (e) and/or (f) of Cap. 12, the applicants have the right to request this Honourable Court to revoke this warrant in the said names, because there is sufficient security that will secure the requests of the creditor, as required by law.

Thus, the applicants request with respect this Honourable Court for the reasons premised, and those that may result during the case:

1. Declares that the garage above mentioned, not officially indicated with number 5, Sqaq Santa Domenica, Ħaż-Żabbar, confining from the North with the Alley, from the West with property of siblings Abela and from the South with property of Angela Santillo, constitutes sufficient security for the claim of the creditor;

2. Consequently, whilst giving all the directions and orders that it deems necessary, up until the claimed amount of €12,252.41 and until the case on the merits is finally decided, cancels and revokes the garnishee order with number 978/17 in the aforementioned names and this in terms of article 836(1)(c) and/or (e) and/or (f) of Cap. 12 of the Laws of Malta;

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 29th day of December, 2017, in the records of the Sworn Application in the names Euromar Limited vs Norschif Transportes e Servicos Maritimos LDA, Sworn Application Number 1141/2017 MCH, it was ordered that service upon Norschif Transportes e Servicos Maritimos LDA be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of a Sworn Application filed in the First Hall Civil Court, in the names Euromar Limited vs Norschif Transportes e Servicos Maritimos LDA on the 21st day of December, 2017, the applicant company Euromar Limited asked this Honourable Court to:

1. Prohibit any dealing with the ship ‘Sider Atlantic’ or any share therein, prohibit the constitution and registration of mortgages on the same ship and its register and also prohibit the issue of a deletion certificate and this under such terms and conditions as it deems necessary and appropriate in accordance with Article 37 of Cap. 234 of the Laws of Malta;

2. Order that any order made by this Honourable Court be notified to the Registrar of Shipping and Seamen in terms of the same Article 37 of Cap. 234 of the Laws of Malta.

With court costs against the respondent company who is as of now summoned so that a reference to its oath be made.

Applicant Company: Euromar Limited

Services: Norschif Transportes e Servicos Maritimos LDA

Edmond Mugliette (ID 661762M) noe, 126, Triq Atocia, Ħamrun, Malta

The Sworn Application in the names Euromar Limited vs Norschif Transportes e Servicos Maritimos LDA was deferred for hearing to the 19th of day February, 2018, at 9.00 a.m.

Registry of the Superior Courts

Today Friday, the 12th day of January, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

73

By means of a decree of the 6th December, 2017 of the Rent Regulation Board, in the records of the Application in the names Jimmy Vella Limited vs Arne Schmidt et, Application Number 135/2017JD, the following publication was ordered for the purpose of effecting service on the respondents Arne Schmidt and Astreika Marina in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12)

By means of an application in the names Jimmy Vella Limited (C 12556) vs Arne Schmidt (German passport Number 551590955) and Astreika Marina (Maltese Residential Permit Number MT3720071) filed before the Rent Regulation Board on the 10th October, 2017, the applicant Jimmy Vella Limited (C 12556) pleaded with respect and John Mary sive Jimmy Vella (ID 615558M) in his capacity as director of the applicant company, in the name and on behalf of the same and by means of his affidavit hereto attached and marked as Document A declares and confirms on the basis of Article 16A of Cap. 69 of the Laws of Malta:

1. That the applicant company owns the penthouse No. 7, Morning Mist Court, Triq Massimiliano Kolbe, St Paul’s Bay, which is leased to the respondents by means of a contract of the 2nd October, 2015, a copy of which is heing hereto attached and marked as Document B;

2. That the lease was contracted for a period of two years these being a year di fermo and a year di rispetto from the 3rd October, 2015 to the 2nd of October, 2017, at a monthly rental of €850 (excluding VAT) payable every month in advance;

3. That the respondents are in default in the payment of rent for the period between the 2nd of February, 2017 and the 1st August, 2017 (including VAT), which arrears amount to the sum of €6,018, and this as per statement, hereto attached and marked as Document C;

4. That furthermore, the respondents are also in default with regards to the payment of €700 being consumption of water and electricity in the above-mentioned property, which according to the lease contract Document B are at the charge of the lessee, i.e. the respondents;

5. That the applicant company called upon the respondents by means of a letter of the 24th August 2017, hereto attached and marked as Document D to pay immediately the amounts due by them as above described and totally amounting to €6,718, however, these remained in default and did not affect any payments;

6. That the respondents, as far as the applicant is aware, do not have ant valid defence at law;

7. That the applicant is personally aware of the facts as above stated and confirms these facts on oath;

8. That therefore this case had to be filed for the payment of the debt due amounting to €6,718 and emanating from the lease agreement mentioned above.

Therefore, the applicant, saving any declaration which may be necessary, and for the reasons premised and as exempted from the hearing the case by way of the special summary proceedings as established by the Law under Article 16A of Cap. 69 of the Laws of Malta, asks this Honorable Board to order the respondents to appear before it on the day and at the time set by the said Board and in case that the respondents fail to appear at the sitting, or if they fail to show during the sitting, that they have a valid defence and reasons to contest the applicant’s request, the said Board should:

1. Liquidate the arrears in rent payments due from the respondents to the applicants from the 2nd of February, 2017, to the 1st of August, 2017, amounting to €6,018;

2. Liquidate the arrears in payments due from the respondents to the applicants relating to consumption of water and electricity in the premises in question amounting to €700;

3. Condemn the respondents to pay that sum which is due totally amounting to €6,718 as well as legal interest;

4. With costs and the respondents are summoned so that a reference to their evidence by made.

The sworn application in the names Jimmy Vella Limited vs Arne Schmidt et, Application Number 135/2017JD, has been postponed for hearing to the 2nd February, 2018, at 9.30 a.m.

By order in terms of Article 16A(1)(b) of the Reletting of Urban Property Ordinance (Cap. 69 of the Laws of Malta) you are being ordered to appear before this Board above mentioned on the date and time given and that are notified to you.

In terms of Article 16A(1)(c) of the Reletting of Urban Property Ordinance (Cap 69 of the Laws of Malta) you are being warned that these are special summary procedures in which judgement will be given on the first day of hearing of the application if the respondent/s do not make an appearance at the sitting or if they fail to show, during that sitting, that they have a valid defence and reasons to contest the applicant’s request.

Registry of the Superior Courts, today 12th January, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

74

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 8th day of January, 2018, in the records of the Sworn Application in the names Bonavia Properties Limited (C 14844) et vs Carmelo Pace et, Sworn Application Number 573/2017 JPG, it was ordered that service upon Carmelo Pace et be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application filed in the First Hall Civil Court, in the names Bonavia Properties Limited (C 14844) et vs Carmelo Pace et on the 2nd day of November, 2017, the applicant company Bonavia Properties Limited (C 14844) et in view of the facts submitted in the abovementioned Application asked this Honourable Court to:

1. Declare that the Sworn Reply filed by the defendants on the 13th day of October, 2017, is late, and consequently order that it be expunged from the records of this cause;

2. Declare that the defendants are in default.

Subject to any provision that this Honourable Court deems fit to impose.

The Sworn Application in the names Bonavia Properties Limited (C 14844) et vs Carmelo Pace et was deferred for hearing to the 12th day of February, 2018, at 10.45 a.m.

Registry of the Superior Courts

Today Friday, the 12th day of January, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

75

DKR 1/2018 – Revoked Interdiction

It is being notified that by a decree dated 10th January, 2018, given by the Court of Magistrates (Malta) as a Court of Criminal Judicature (Magistrate Dr Donatella M. Frendo Dimech, LLD) following an application filed by Martin Cilia La Corte on the 9th January, 2018, Compilation number 320/2014, in the case:

The Court Revoked the perpetual general interdiction order, which order was given by the same Court on the 4th October, 2017, against the said Martin Cilia La Corte and this according to section 10(6) of Cap. 9 of the Laws of Malta.

This is being published according to section 10(7) of Cap. 9 of the Laws of Malta.

Today, 11th January, 2018

Registry of the Courts of Criminal Judicature (Malta)

DR JOHN SEYCHELL NAVARRO

DIP. HLTH.SCIENCE, DIP. MGMT STUD, DIP.NOT. PUB., LLB, LLD

Assistant Registrar, Criminal Courts and Criminal Tribunals

76

By means of a decree of the 19th December, 2017 delivered by the Court of Magistrates (Malta) in the records of the judicial letter number 2086/17 in the names Lora Mackay vs George Debattista, it was ordered that the following publication serves as service on the respondent in terms of Article 187(3) of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against George Debattista of 27, Triq San Ġużepp, Ħal Tarxien, on the 7th August, 2017, Lora Mackay (ID607348M) of 24, Triq it-Tempji Neolitiċi, Ħal Tarxien, solicits you so that within forty eight hours you come forward and pay the sum of €11,067.13 representing the damages suffered by her in the premises above mentioned according to the receipts here attached and marked as Doc. LM1 to LM13 and also the amount of €3254, which receipt is being attached and marked as Doc. LM14 and LM15 representing the damages on her daughter’s vehicle which was in a garage leased from you and all as a result of the incident which occured in the first week of January, 2016, because of your negligence and carelessness on your part to make the necessary maintenance in the garage that is found underlying the property of the interpellant and as a result the ceiling of the garage collapsed and the interpellant had to make the costs above mentioned to render her residential property habitable once again as it was in its original state before the accident.

She warns you that if you fail to abide with the above mentioned she will proceed according to law.

By means of a decree of the 12th October, 2017, given by the Courts of Magistrates (Malta), in the records of the judicial letter number 491/17, in the names Gabriella Consiglio vs Matthew Scicluna, the following publication was ordered for the purpose of service in terms of Article 187(3) et sequitur of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against Matthew Scicluna (ID 0233983M) of 44, Triq il-Biccieni, Sqaq Numru 8, Ħaż-Żabbar, Malta, on the 1st March, 2017, Gabriella Consiglio (ID 0501573M), whilst making reference to the constitution of debt deed and hypothec dated 1st September, 2016, in the records of Notary Dr James Grech, (which notarial act is attached and marked as Doc. A) solicits you so that within one week you pay the sum of €6,100 to the interpellant, which sum you obliged yourself to pay by means of the notarial act above mentioned, without the relative interests till the date of effective payment.

The interpellant will proceed with this judicial letter for the effects of law and especially to render the deed of the 1st September, 2016, an executive title in terms of Article 256 of Cap. 12 of the Laws of Malta, and in default of payment it will proceed to the judicial sale by auction of the immovable given as security on the same deed.

So much so that you are warned for all the purposes and effects of law

By means of a decree of the 19th May, 2017, given by the Courts of Magistrates (Malta), in the records of the judicial letter number 2099/13, in the names Director General (Inland Revenue) vs JDC Co. Ltd , ordered the following publication for the purpose of service in terms of Article 187(3) et sequitur of Cap. 12.

By means of a judicial letter filed in the Courts of Magistrates (Malta) against JDC Co. Ltd (C 12753) of 21, Dolmen Crt, Triq Għawdex, St Paul’s Bay, and/or Donna Crt, Flt 17, Triq Horatio Nelson, St Paul’s Bay, on the 15th July, 2013, the Director General (Inland Revenue) Capital Transfer Duty, 46, Triq il-Merkanti, Valletta, calls upon you so that within two days you pay the sum of €4,575.00 due as additional tax or interest according to the Notice for payment here attached and marked as Doc. C.

As you failed to pay the amount due by you although a claim for payment was made (see the same Doc. C above mentioned) the interpellant warns you that if you fail to pay the amount due in the time given, the interpellant shall proceed for the execution of the title obtained in terms of Article 60A of the Act of Tax on Documents and Transfers (Cap. 364 of the Laws of Malta).

By means of a decree given on the 29th August, 2017, in the records of the judicial letter number 1235/17, in the names Chief Government Medical Officer et vs Karen Schembri , the Courts of Magistrates (Malta) ordered the following publication for the purpose of service on the respondent, in terms of Article 187(3) of Cap. 12.

This judicial act is being sent in terms of Article 466 of Cap. 12 of the Laws of Malta. In default of a reply within twenty (20) days from the day of notification, this judicial act will become executive title.

By means of a judicial letter filed in the Court of Magistrates (Malta) against Karen Schembri (ID 462978M) of Theatre of Dreams, Triq Villa Abate, Ħaż-Żabbar, and/or 44, Triq id-Dgħajjes, Paola, on the 28th April, 2017, Chief Government Medical Officer and the Parlamentary Secretary for Health of 15, Triq il-Merkanti, Valletta, solicit you so that within one week from this letter you pay the amount of €6,355.25 representing overtime paid in excess to you by the Department of Health as shown from the document attached and marked as Doc. A.

In default, the interpellant shall proceed furtherly against you without further notice with the issuing of the opportune warrants as said by law.

This letter is sent to you in terms of articles relative to the Civil Code (Cap. 16) of the Laws of Malta.

By means of a decree of the 6th October, 2017, given by the Civil Court First Hall in the records of judicial letter number 2072/17, in the names Registrar of Civil Courts and Tribunals vs Winetailors Limited, the following publication was ordered for the purpose of effecting service on the respondent company in terms of Article 187(5) of Cap. 12.

By the present the Registrar of Civil Courts and Tribunals of Law Courts, Republic Street, Valletta, solicits you so that within four days from the notification of this judicial letter you pay the sum of €600 due by you as Registry fees in connection with the law suit in the names:

In default the applicant reserves to proceed further against you according to law.

So much for your own guidance

With costs

Registry of the Superior Courts, today 12th January, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Courts and Tribunals

81

By means of a decree of the 16th August, 2017, handed down by the Court of Magistrates (Malta) in the records of the judicial letter number 675/2017 in the names Automated Revenue Management Services Ltd pro et noe vs Kamen Ivanov Lazarov, the following publication was ordered for the purpose of effecting service on the interpellant Kamen Ivanov Lazarov in terms of Article 187(3) of Cap. 12.

By the present, Automated Revenue Management Services Limited (C46054) of Gattard House, Triq Nazzjonali, Blata l-Bajda, Malta, in its own name and on behalf of Enemalta plc and Water Services Corporation, notifies you with the attached sworn declaration marked as Document A for all the purposes and effects of Article 466 of Cap. 12 of the Laws of Malta and solicits you to pay the amount of €6,484.97, which amount is sure, liquid and due and representing the balance due for the consumption of water and electricity, rent of water and electricity meter, administrative fees, connection and disconnection fees, together with interest due on the amount according to Law, regarding the bill number 101000253395 for the premises Hannibal Restaurant, Triq il-Mulett, St Paul’s Bay which amounts to €6,484.97.

Despite several solicitations by the applicant company for the payment of the amount due, you remained in default and did not pay till the day of the filing of this judicial letter. In addition, there is no valid reason for your failure to pay and you never contested the amount due.

This act is being sent to you for all the purposes and effects of law and in default of payment or opposition on your part within the time mentioned in Article 466 Cap. 12 of the Laws of Malta, the applicant company shall proceed to enforce this credit according to law.

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 16th October 2017, Application Number 1316/2017 by Charles Sultana nomine whereby he prayed that it be declared open in favour of Godfrey Martin and Sharon Ann, brother and sister Johnston, children of the decujus, in equal shares between them the Succession of Ivy Alberta Johnston, widow of James Johnston, daughter of Arthur William Ince and Catherine Ince, born in Belbroughton, Worcestershire, England, and died in Stourbridge, England, on the 26th July, 2008, aged 68.

Wherefore, any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Registry of the Civil Court, Voluntary Jurisdiction Section

Today 12th January, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

83

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 6th December, 2017, Application Number 1608/2017 by Maria Theresa Caffari whereby she prayed that it be declared open in her favour in its entirety the Succession of her daughter Lea Caffari, daughter of the late Anthony Caffari and Maria Theresa Caffari, born in Ħ’Attard, resided in Paola, and died in Tal-Qroqq, Msida, on the 1st May, 2017, aged 41, holding identity card number 0201976M.

Wherefore, any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Registry of the Civil Court, Voluntary Jurisdiction Section

Today 12th January, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

84

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th December 2017, Application Number 1628/2017, by Andrew Zammit et whereby he prayed that it be declared open in his favour in the quota of one half (1/2) undivided share, and the remaining one half (1/2) undivided share in favour of her children Chantelle and Kersten sisters Zammit in equal shares between them the Succession of his wife Rita Zammit, daughter of Carmelo Psaila and Carmen Psaila née Agius, born in Tal-Pietà, resided in Ħal Luqa and died in Tal-Qroqq, Msida on the 4th September, 2017, aged 48, holding identity card number 0297569M.

Wherefore, any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Registry of the Civil Court, Voluntary Jurisdiction Section

Today 12th January, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

85

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 12th December, 2017, Application Number 1627/2017 by Joseph Bajada and others whereby they prayed that it be declared open in favour of Pawla Bugeja, mother of the decujus in the quota of one half (1/2) undivided share, and the remaining one half (1/2) undivided share in favour of Joseph Bugeja, Veronica Muscat, Alfred Bugeja, Rita Borg, Jane D’Amato, Tessie Borg, Carmen Seisun, Suor Antonia Bugeja, Andrew Bugeja, Wistin Bugeja, Catherine Park, Saviour Bugeja, Connie Pirotta and Emmanuela Sammut in equal shares between them the Succession of his Marija Bugeja, unmarried, daughter of the late Franġisk Bugeja and Pawla née Farrugia, born in Żurrieq, resided in Żurrieq and died in Tal-Qroqq, Msida, on the 6th September, 2017, aged 72 holding identity card number 0595645M.

Wherefore, any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Registry of the Civil Court, Voluntary Jurisdiction Section

Today 12th January, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

86

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 1st September, 2017, Application Number 1113/2017 by Antoinette Carmen D’Arcy whereby he prayed that it be declared open in her favour in its entirety the Succession of her husband Michael D’Arcy, husband of the same Antoinette Carmen D’Arcy, son of the late Thomas D’Arcy and Ada Christine D’Arcy née Norman, born in Cheterfield, Derby, England, resided in North Yorkshire, England, where he died on the 3rd March, 2016, aged 78.

Wherefore, any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Registry of the Civil Court,Voluntary Jurisdiction Section

Today 12th January, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

87

Bann for Curators

Republic of Malta

To the Marshal of the Courts

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 27th day of February, 2014, following the request of Josephine Camilleri (ID 381335M) et, it was ordered that deputy curators be appointed to represent the unknown heirs of Carmelo Micallef in the records of the Sworn Application with number 157/2014 AF in the names Josephine Camilleri (ID 381335M) et vs Deputy Curators and in the other relative and subsequent acts.

That the applicants have a 24/25 undivided share of the house named Sagra Familja House, 101B, Triq il-Kbira, Naxxar, described in the abovementioned Sworn Application;

That this property has been held in common for more than ten years … omissis … that the property was valued at the price of €116,000 by Architect Vittorio Bonavia … omissis … the applicants wish to sell the abovementioned house and although the sale is in the interest of all the co-owners, the deed of sale cannot be finalized because the heirs of Carmelo Micallef are unknown;

That the applicants refer to Article 495A of the Civil Code and ask this Honourable Court to: (i) appoint curators to represent the co-owners who are not known, heirs of Carmelo Micallef, in terms of Article 495A(3) of the Civil Code; (ii) authorize the sale of the house described in the abovementioned Sworn Application as demanded in same Sworn Application namely according to Doc. C and Doc. D (attached to the said Sworn Application), and consequently, uphold the other claims as listed in the abovementioned Sworn Application.

Applicants: Josephine Camilleri (ID 381335M) et

Services: Deputy Curators, Superior Courts, Valletta

Now, Therefore, Marshal of the Courts, you are hereby commanded to affix an official copy of this Bann at the entrance of this Superior Court and to hereby call whosoever wishes to be nominated as a curator to present himself/herself in this Registry within six days and make known his/her interest through a declaratory note.

You are further commanded to inform each and every one that in default, this Court will proceed to nominate an official curator.

And after execution, or upon your meeting with any obstacle in the execution hereof, you shall forthwith report to this Court.

Given by the abovementioned Superior Court and witnessed by The Hon. Madam Justice Anna Felice, LLD, Doctor of Laws.

Dated this 27th day of February, 2014

Registry of the Superior Courts

Today Friday, the 12th day of January, 2018

ADV. DR FRANK-LUKE M. ATTARD CAMILLERI, LLD

For the Registrar, Civil Courts and Tribunals

88

By means of an application filed in the Civil Court of Voluntary Jurisdiction Section, on the 5th December, 2017, Application number 1605/2017 by Prasede Cassar and others whereby they prayed that it be declared open in favour of Prasede Cassar, Laurence Cassar and Paul Cassar brothers and sisters of the decujus, in favour of David Cassar, Josabeth (Babeth) Cassar, Felicity Muscat and Joseph Cassar, children of the late Misael Cassar, the latter brother of the decujus, in favour of Noel Cassar, Etienne Cassar and Robert Cassar, children of the late Esron Cassar, the latter brother of the decujus, and in favour of Joseph Cassar and Rita Cassar, children of the late Guido Cassar, the latter brother of the decujus, the Succession of Giuseppa Cassar, unmarried, daughter of Roberto Cassar and Maria née Cauchi, born inVittoriosa, resided in Vittoriosa but before she died she resided at home for the elderly in Mtarfa, and died in Tal-Qroqq, Msida, on the 2nd December, 2015, aged 95, holding identity card number 0259720M.

Wherefore, any person who considers to have an interest in the matter is hereby called upon to appear before the said Court and to bring forward his objections hereto by a minute to be filed within fifteen days from the posting of the banns and notices according to law.

Registry of the Civil, Court Voluntary Jurisdiction Section

Today 12th January, 2018

ALEXANDRA DEBATTISTA

For the Registrar, Civil Court and Tribunals

89

By a decree of the Small Claims Tribunal of the 23rd March, 2017, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap, 12).

Go plc (C 22334) of Triq Fra Diego, Marsa MRS 1501, filed a Claim on the 22nd March, 2017, whereby they asked the Tribunal to condemn Raymond Grech Marguerat (ID 474655M) of Portobello Court, Flat 6, Triq il-Kurunell Savona, Tas-Sliema, to pay the plaintiff company the sum of €856.50, which amount is due to the plaintiff company.

With costs and legal interests

The case (Claim Number 144/17CZ) is deferred on the 29th January, 2018, at 12.15 p.m.

By a decree of the Small Claims Tribunal of 5th Decemberr, 2017, the publication of the following extract was ordered for the purpose of service in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap. 12).

E` Casa Ltd (C 46573) of 47, Triq l-Għerien, Mellieħa, filed a Claim on the 25th October, 2017, whereby they asked the Tribunal to condemn Sacha Said (ID 218070M) of Flat 3, 194, Triq it-Torri, Tas-Sliema, to pay the plaintiff company the sum of €3000, which amount is due to the plaintiff company.

With costs and interests

The case (Claim Number 493/17PA) is deferred on the 24th January, 2018, at 12.30 p.m.

By a decree of the Court of Magistrates (Malta) of the 11th January, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap. 12).

Zahra Construction Limited (C 43571) of Siġġiewi Road, Ta’ Kandja, limits of Mqabba, filed a claim on the 31st October, 2017, whereby they asked the Court to condemn Buz Dov Developments Ltd (C 25647) of Il-Boma, Sqaq il-Mudurbu, Mqabba MQB 1690, to pay the plaintiff company the sum of €10,465.84, which amount is due to the plaintiff company.

With costs and interests

The case (Notice Number 324/17GM) is deferred to the 31st January, 2018, at 12.00 p.m.

By a decree of the Court of Magistrates (Malta) of the 11th January, 2018, the publication of the following extract was ordered for the purpose of service in terms of Article 187(5) of the Code of Organisation and Civil Procedure (Cap. 12).

Zahra Construction Limited (C 43571) of Siġġiewi Road, Ta’ Kandja, limits of Mqabba, filed a claim on the 31st October, 2017, whereby they asked the Court to condemn Buz Dov Developments Ltd (C 25647) of Il-Boma, Sqaq il-Mudurbu, Mqabba MQB 1690, to pay the plaintiff company the sum of €7,796.04, which amount is due to the plaintiff company.

With costs and interests

The case (Notice Number 323/17GM) is deferred to the 31st January 2018 at 12.00 p.m.

Notice is hereby given that by a decree of the First Hall of the Civil Court, entered on the 18th day of December, 2017, in the records of the Application in the names Christopher Vella (ID 76274M) et vs Marco Ciliberti (ID 243975M) et, Application Number 840/2017 JZM, it was ordered that service upon Recruitair Limited (C 51448) be made by this publication as provided in Article 187(3) et sequitur of Cap. 12 of the Laws of Malta.

By means of an Application filed in the First Hall Civil Court, in the names Christopher Vella (ID 76274M) et vs Marco Ciliberti (ID 243975M) et on the 14th day of September, 2017, the applicants Christopher Vella (ID 76274M) et in terms of Article 218 of Cap. 386 of the Laws of Malta respectfully submitted:

That the applicants Christopher Vella and Pentasia Holding Co. Ltd (C 43471) are both shareholders in the respondent company … omissis … together the applicants hold half of the shares in the same respondent company;

That the respondent company was registered on the 17th day of December, 2010, with the assumption that it operates as a recruitment agency, with the aim of finding prospective employees for its customers in the aviation industry;

That while the respondent company has been operating for some time, after a while some disagreements between the directors began to arise, which disagreements continued to grow to the extent that eventually led the same company to reach a deadlock that so far is not resolved and is unlikely to be resolved;

That consequently the respondent company has not been in operation for months and even years;

That this situation is, and will continue, to seriously harm the applicants...omissis...That consequently, the situation of the respondent company, in the humble opinion of the applicants, fits under Article 214(2)(a) and Article 214 (2)(b)(iii) of Cap. 386 of the Laws of Malta, and therefore this Honourable Court has the discretion and power to order the dissolution of the same company in terms of Article 218(1)(b) and (c) of the same Cap. 386;

Therefore, the applicants, in view of the foregoing, respectfully ask this Honourable Court, subject to any provision that it deems fit and appropriate, to order the dissolution and consequential winding up of the respondent company Recruitair Limited (C 51 448).

With all the costs of this proceeding against the respondents Marco Ciliberti and Jeremy Tan